H1B to F1 transfer rules

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H1B to F1 transfer rules

Postby newacct » May 15th, 2018, 5:49 pm

I am currently working in US on H1B, have 8 months left according to i94 (eligible for 2 more years after that through extension for total 6yrs). I have received admission to a Masters level program in US starting in September 2017 and I wish to go to improve my qualifications.

My school is strongly advising going to India and getting F1 stamp as Change of Status (H1B to F1) may take too long (6-14 months) and I may not be able to do CPT if it gets delayed. However, I am scared that if my F1 visa gets denied in India (or put in Admin Processing) I may loose both my job (if I resign and come to India for F1 stamp) and also not be able to go for further studies.

Therefore, I am thinking of taking a 2 week vacation in May or June, to get F1 visa stamped and then come back on H1B in June to continue to work and then resign 1 month before school starts in August and go into F1 status. Is this allowed or once I have F1 stamped I can only enter US in F1 not H1B? I am thinking this as if F1 visa is denied I can at least come back and work on H1B.

If its relevant, I already have a US masters and have used up my OPT.
newacct
 
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Re: H1B to F1 transfer rules

Postby MaggieMay3 » May 18th, 2018, 3:57 pm

You can do what you suggested. You can enter on H1, and later move to F1. Since you are afraid that COS might not be in time, you could exit the country when you are ready to change to F1, and re-enter on F1. I read a lot about this procedure on the Internet and on the website https://usimmigrationforms.com/
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